Adopted on February 26, 2015 by a vote of 3 to 2, the FCC’s Open Internet Rules which reclassify broadband Internet for both fixed and mobile devices as a public utility to allow FCC regulation of Internet access services were published for the first time today.

While the release comprises 400 pages, the final rules are contained in “Appendix A” and add approximately 8 pages of new text to 47 Code of Federal Regulations parts 1, 8 and 20, including the following “Bright Line Rules”:

  • No Blocking: broadband providers may not block access to legal content, applications, services, or non-harmful devices.
  • No Throttling: broadband providers may not impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices.
  • No Paid Prioritization: broadband providers may not favor some lawful Internet traffic over other lawful traffic in exchange for consideration of any kind—in other words, no “fast lanes.” This rule also bans Internet Service Providers from prioritizing content and services of their affiliates.

Statements and dissents can be found on the following pages:

  • Chairman Wheeler: 314-315
  • Commissioner Clyburn: 316-319
  • Commissioner Rosenworcel: 320
  • Commissioner Pai (Dissent): 321-384
  • Commissioner O’Reilley (Dissent): 385-400



About Author

A. James Boyajian is an attorney in downtown Los Angeles practicing Intellectual Property, Corporate, and Entertainment law. He previously interned at the FCC's Office of Strategic Planning and edited for the Federal Communications Law Journal. J.D. Indiana University Maurer School of Law. Contact: [email protected]

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